36C24420Q0356-002.pdf

PAGE 1 OF 1. REQUISITION NO.

2. CONTRACT NO. 3. AWARD/EFFECTIVE DATE 4. ORDER NO. 5. SOLICITATION NUMBER 6. SOLICITATION ISSUE DATE

a. NAME b. TELEPHONE NO. (No Collect Calls) 8. OFFER DUE DATE/LOCAL

TIME

9. ISSUED BY CODE 10. THIS ACQUISITION IS UNRESTRICTED OR SET ASIDE: % FOR:

SMALL BUSINESS

HUBZONE SMALL

BUSINESS

SERVICE-DISABLED

VETERAN-OWNED

SMALL BUSINESS

WOMEN-OWNED SMALL BUSINESS

(WOSB) ELIGIBLE UNDER THE WOMEN-OWNED

SMALL BUSINESS PROGRAM

EDWOSB

8(A)

NAICS:

SIZE STANDARD:

11. DELIVERY FOR FOB DESTINA-

TION UNLESS BLOCK IS

MARKED

SEE SCHEDULE

12. DISCOUNT TERMS

13a. THIS CONTRACT IS A

RATED ORDER UNDER

DPAS (15 CFR 700)

13b. RATING

14. METHOD OF SOLICITATION

RFQ IFB RFP

15. DELIVER TO CODE 16. ADMINISTERED BY CODE

17a. CONTRACTOR/OFFEROR CODE FACILITY CODE 18a. PAYMENT WILL BE MADE BY CODE

TELEPHONE NO. DUNS: DUNS+4:

PHONE: FAX:

17b. CHECK IF REMITTANCE IS DIFFERENT AND PUT SUCH ADDRESS IN OFFER

18b. SUBMIT INVOICES TO ADDRESS SHOWN IN BLOCK 18a UNLESS BLOCK BELOW IS CHECKED

SEE ADDENDUM

19. 20. 21. 22. 23. 24.

ITEM NO. SCHEDULE OF SUPPLIES/SERVICES QUANTITY UNIT UNIT PRICE AMOUNT

(Use Reverse and/or Attach Additional Sheets as Necessary)

25. ACCOUNTING AND APPROPRIATION DATA 26. TOTAL AWARD AMOUNT (For Govt. Use Only)

27a. SOLICITATION INCORPORATES BY REFERENCE FAR 52.212-1, 52.212-4. FAR 52.212-3 AND 52.212-5 ARE ATTACHED. ADDENDA ARE ARE NOT ATTACHED.

27b. CONTRACT/PURCHASE ORDER INCORPORATES BY REFERENCE FAR 52.212-4. FAR 52.212-5 IS ATTACHED. ADDENDA ARE ARE NOT ATTACHED

28. CONTRACTOR IS REQUIRED TO SIGN THIS DOCUMENT AND RETURN _______________ 29. AWARD OF CONTRACT: REF. ___________________________________ OFFER COPIES TO ISSUING OFFICE. CONTRACTOR AGREES TO FURNISH AND DATED ________________________________. YOUR OFFER ON SOLICITATION DELIVER ALL ITEMS SET FORTH OR OTHERWISE IDENTIFIED ABOVE AND ON ANY (BLOCK 5), INCLUDING ANY ADDITIONS OR CHANGES WHICH ARE ADDITIONAL SHEETS SUBJECT TO THE TERMS AND CONDITIONS SPECIFIED SET FORTH HEREIN IS ACCEPTED AS TO ITEMS:

30a. SIGNATURE OF OFFEROR/CONTRACTOR 31a. UNITED STATES OF AMERICA (SIGNATURE OF CONTRACTING OFFICER)

30b. NAME AND TITLE OF SIGNER (TYPE OR PRINT) 30c. DATE SIGNED 31b. NAME OF CONTRACTING OFFICER (TYPE OR PRINT) 31c. DATE SIGNED

AUTHORIZED FOR LOCAL REPRODUCTION (REV. 2/2012)

PREVIOUS EDITION IS NOT USABLE Prescribed by GSA - FAR (48 CFR) 53.212

7. FOR SOLICITATION

INFORMATION CALL:

STANDARD FORM 1449

OFFEROR TO COMPLETE BLOCKS 12, 17, 23, 24, & 30

SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS 60

693-20-2-086-0036

36C24420Q0356 03-25-2020

Rosa Rodgers 878-271-6641 04-03-2020 12 noon EST

00244 Department of Veterans Affairs Network Contracting Office 4

X 100

X

334519

500 Employees

N/A

X

Wilkes-Barre VA Medical Center 1111 East End Blvd.

Wilkes-Barre, PA 18711 877-928-2621

00244

Department of Veterans Affairs Network Contracting Office 4

Austin Payment Center Department of Veterans Affairs

PO Box 149971 Austin TX 78714-9971

(877) 353-9791 (512) 460-5429

See CONTINUATION Page

This solicitation is Request for Quote (RFQ) for a 5-Year, Fixed-Priced, Indefinite Delivery Indefinite Quantity (IDIQ) contract for the following service: Personnel Dosimetry Monitoring Service located at (see block 15).

This procurement is being competed in accordance with (IAW) FAR

13.5. Any reference to FAR 15 (i.e. proposal) is unintended

and the contractor should seek clarification from the Contract Specialist /Officer

Anticipated Period of Performance: See Schedule Solicitation #, see Block #5 Due Date: see block #8a (Eastern Time) Contract Line Items: See Schedule for details

Instruction to Quoters: see ADDENDUM to FAR 52.212-1; see Section E

This contract is subject to: FAR 52.219-14; Limitations on Subcontracting; see Section C: FAR 52.212-5

See CONTINUATION Page

X X

36C24420Q0356

Table of Contents

SECTION A

A.1 SF 1449 SOLICITATION/CONTRACT/ORDER FOR COMMERCIAL ITEMS

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

B.2 STATEMENT OF WORK (SOW) ........................................................................ 4-9 B.3 PRICE/COST SCHEDULE ............................................................................. 10-14

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL ITEMS (OCT

2018) ....................................................................................................................... 15-20

C.2 52.216-18 ORDERING (OCT 1995)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR (APR

1984)

C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED VETERAN-

OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

C.8 VAAR 852.219-74 LIMITATIONS ON SUBCONTRACTING—MONITORING AND

COMPLIANCE (JUL 2018)

C.9 VAAR 852.232-72 ELECTRONIC SUBMISSION OF PAYMENT REQUESTS (NOV

2018)

C.10 52.252-2 CLAUSES INCORPORATED BY REFERENCE (FEB 1998)

C.11 52.212-5 CONTRACT TERMS AND CONDITIONS REQUIRED TO IMPLEMENT

STATUTES OR EXECUTIVE ORDERS—COMMERCIAL ITEMS (JAN 2020) ........ 27-34

SECTION D - CONTRACT DOCUMENTS, EXHIBITS, OR ATTACHMENTS

SECTION E - SOLICITATION PROVISIONS

E.1 ADDENDUM to FAR 52.212-1 INSTRUCTIONS TO QUOTERS —COMMERCIAL

ITEMS…………………………………………………………………..……………..36-41

E.2 52.204-24 REPRESENTATION REGARDING CERTAIN TELECOMMUNICATIONS

AND VIDEO SURVEILLANCE SERVICES OR EQUIPMENT (DEC 2019)

E.3 52.252-1 SOLICITATION PROVISIONS INCORPORATED BY REFERENCE (FEB

1998)

E.4 52.212-3 OFFEROR REPRESENTATIONS AND CERTIFICATIONS—

COMMERCIAL ITEMS (DEC 2019) ......................................................................... 43-60

SECTION B - CONTINUATION OF SF 1449 BLOCKS

B.1 CONTRACT ADMINISTRATION DATA

1. Contract Administration: All contract administration matters will be handled by the following individuals:

a. CONTRACTOR: TBD

b. GOVERNMENT: Contract Specialist Rosa R. Rodgers; Rosa.Rodgers@va.gov

Department of Veterans Affairs

Network Contracting Office 4

2. CONTRACTOR REMITTANCE ADDRESS: All payments by the Government to the contractor will be made in accordance with:

[X] 52.232-33, Payment by Electronic Funds Transfer—System For Award Management, or

[] 52.232-36, Payment by Third Party

3. INVOICES: Invoices shall be submitted in arrears:

a. Quarterly []

b. Semi-Annually []

c. Other [x] 30-days in-arrears

4. GOVERNMENT INVOICE ADDRESS: All Invoices from the contractor shall be submitted electronically in accordance with VAAR Clause 852.232-72 Electronic Submission of Payment Requests.

Austin Payment Center

Department of Veterans Affairs

PO Box 149971

Austin TX 78714-9971

ACKNOWLEDGMENT OF AMENDMENTS: The offeror acknowledges receipt of amendments to the Solicitation numbered and dated as follows:

AMENDMENT NO DATE

B.2 Statement of Work (SOW)

Statement of Work

Personnel Dosimetry Monitoring Service

The intent of this service it to provide specific personnel dosimeters for employees located at the Wilkes-Barre Veterans Affairs Medical Center (WBVAMC) Wilkes Barre, Pa.

For purposes of this contract, the terms “personnel dosimeter” is an individual monitoring device that requires processing to determine the radiation dose and that is used by WBVAMC to comply with 10CFR20.1201, with other applicable provisions of Title 10 Chapter 20, or with conditions specified in the license.

Statistical dosimtery reports shall be provided monthly and annually.

The Period of Performance would be for one base year with 4 option years. The price of the contract should be presented in terms of the total annual price, and expressed as the price per badge type, according to the number of each badge type. No additional charges will be incorporated or expected, with the exception of non-returned or damaged badges and holders, and emergency readings. Credit will be given for all fees assessed for lost/late badges, upon return of same.

The contractor shall have a well established and demonstratively successful means of providing the goods and services described in these specifications. This document contains specifications for both the dosimetry devices and the dosimetry service.

The dosimetry vendor must be able to demonstrate and provide the licensing and specific requirements listed upon request. The Vendor must be National Voluntary Laboratory Accreditation Program (NVLAP) certified.

Dosimetry Device Specifications: The dosimetry device specifications are described as follows:

A. The contractor shall supply necessary personnel monitoring devices of a NVLAP certified type or combination of types. At the present time WBVAMC utilizes 6-10 series, with an approximate total of all of the required number of devices needed for initial setup:

• 106 monthly Whole Body devices (Body Badges), including above and below apron devices;

• 9 sets of above and below apron devices monthly

• 4 monthly Extremity devices (Ring Badges).

• 6 area monitors utilized monthly

• Fetal monitoring devices may be required.

• Some individuals may have multiple badges.

All of these badges presently are for detection of beta, gamma and x-rays.

Initial set up includes a holder for each body badge, and approximately 20 spare holders.

B. The devices shall be supplied according to the following specifications:

1. As required by federal law specified in 10CFR20.1501, personnel dosimeters must be processed and evaluated by a dosimetry processor--

a. Holding current personnel dosimetry accreditation from the National Voluntary Laboratory Accreditation Program (NVLAP) of the National Institute of Standards and Technology; and

b. Approved in this accreditation process for the type of radiation or radiations included in the NVLAP program that most closely approximates the type of radiation or radiations for which the individual wearing the dosimeter is monitored.

2. Written specifications shall be provided on dosimetry devices defining: (a) Minimum detectable reported dose; (b) Energy discrimination capabilities including accuracy, precision, and (c ) Maximum range of reported dose for the various energy ranges concerned, primarily:

a. Less than 100 KeV photons

b. 100 KeV through 250 KeV photons

c. Greater than 250 KeV up to and including Cs-137, Co-60

d. Photons from a 6/18 MeV external beam linear accelerator

e. Beta radiations

3. Dosimetry devices shall be routinely delivered to the customer by the 20th calendar day of each month preceding the next exchange date.

Exchange dates are the first day of any month. If the devices are not received by the 20th calendar day, the vendor shall, at no cost to the Government, ship the devices in a manner to ensure delivery by the 3rd buisness day after notification by the Government.

4. The delivery of dosimetry devices is required within 7 calendar days of record creation for additions of new personnel or additional badges for existing personnel, unless a rush shipment is requested. The creation of a single record shall automatically provide all individual dosimetry devices for the current month and all subsequent months.

When a rush shipment is requested, the dosimetry device(s) shall be received within 3 calendar days of record creation.

5. Shipping packages shall be reusable for return of the devices to vendor. Return shipping labels shall be supplied by the vendor.

6. The dosimetry devices, including additions, shall be provided in presorted and individually packaged and labeled packages in accordance with the criteria (“account” or “series”) established by the Government’s Radiation Safety Officer (“RSO”) at the time of setup.

7. Primary sorting and distinction will include unlimited series separation by groups of users. Series coding shall be alphanumeric.

8. Minor transactions regarding the vendor service including, but not limited to, user additions, deletions, changes, inquiries, etc., shall be exclusively between the Government’s RSO or designee and the vendor.

9. Shipments shall include individual printed packing lists for each group of users. The individual packing lists shall include the numerical order of the dosimeters.

10. Dosimetry devices shall provide obvious, distinct, color coding for easy special purpose identification while being worn. Dosimeter colors shall alternate with each wear period. Above and below apron badges will also be color coded for easy identification.

11.The vendor shall provide a method for calculating and reporting Effective Dose Equivalent or Effective Dose automatically for designated badge wearers.

12. Requirement for Webster Calculations to be conducted for Cardiac Catheterization Lab employees

13. Badges shall be identified with clearly visible printed word "Collar", “Chest” or "Waist" or other clear, descriptive nomenclature, to aide in proper wear positioning.

14. The ring badge shall have at least three sizes, be waterproof, have a permanent label, and be capable of withstanding cold sterilization. The ring badges shall be color coded for alternate months.

15. Body badges shall be waterproof and have a permanent label.

C. The vendor shall have capability such that the Government may be able to at a minimum

1. Add, transfer, or delete personnel

2. Add additional badges to existing personnel

3. Review records (wearer, badge type, frequency, dose history, etc.)

4. Summarize results (exposure levels, ALARA, etc.)

5. Review exposure histories per entire account

6. Review exposure histories for an individual

7.Add lifetime cumulative dose for an individual

8. Add current year dose for an individual

9. Reactivate wearers and badges

10. Assign spare badges

11. List unreturned badges

12. Download data files for unreturned badges

13. Download data files for badge readings (exposures for specified periods)

D. The RSO or designee shall be notified by telephone or email if any of the following occur:

1. NVLAP accreditation is rescinded in any of the required categories listed above.

2. The Contractor revises their Quality Assurance practices in such a way as to decrease the effectiveness of a NVLAP accredited program.

3. The Contractor modifies the dosimeter in such a way as to invalidate its NVLAP accreditation.

4. Any dosimeter indicates > 5000 mrem.

Additionally, the Vendor shall:

1. ensure that dosimeters are zeroed prior to shipment,

2. apply for, obtain and maintain any certifications required by governing federal, state, or local agencies,

3. participate in performance evaluation programs required by federal, state, or local agencies,

4. comply with the requirements of an approved quality assurance program plan,

5. provide VA the current revision of the quality assurance program plan, if requested,

6. provide VA with sufficient QC and calibration data to assure that analytical results of dosimetry are accurate and analyzed within the established envelope of quality, if requested,

7. provide the value of the Lc / MDA, in the same units as results (mrem),

8. provide the signature of the person responsible for the quality of the report or his/her designee, and read the dosimeters on an as needed basis.

E. The vendor shall automatically provide permanent records archiving.

F. The vendor shall ensure timely response to customer inquiries by assigning a specific representative who shall be accessible during regular working hours through a toll free phone system.

G. The vendor shall provide emergency processing of dosimetry devices when requested. This processing shall be completed within 24 hours of receipt of the device by the vendor. The RSO or designee shall be notified of the processing results by telephone or email within 24 hours of receipt of the device by the vendor.

H. The WBVAMC shall not be charged for shipping costs associated with the following activities: (a) Duplicate shipments of dosimetry devices; (b) Rush shipments of dosimetry devices (2nd day delivery) associated with but not limited to, personnel additions, transfers, or provision of additional spare badges; (c ) Priority shipments of dosimetry devices when devices are not received as specified.

I. The WBVAMC shall not be charged for the following: (a) Set up, transfer, deletion, or reactivation of an monitored individual; (b) Series or group separation (i.e., new series or account); (c) Complete computer system capabilities as stated including access time (Medical Center owned or vendor provided equipment); (d) Training of personnel to adopt vendor's service, if necessary; (e) Adjustment of dose record by Radiation Safety Officer; (f) up to 20 extra holders per year, if requested.

II. Other:

A. No presorting of the dosimetry devices by the WBVAMC shall be required prior to returning the dosimetry devices to the vendor.

B. The vendor shall provide a means of tracking all unreturned dosimetry devices, including whole body and ring badges. The periodic (monthly, quarterly) reports shall list all individuals on the account or series, whether or not the monitor was worn or returned, and indicating, where appropriate, any monitors which were issued but not worn or not returned for the period of the report

C. The vendor shall automatically provide printed and computer updates of records which have had a dose adjustment made by the RSO.

D. The vendor shall provide a means of maintaining current year dose and lifetime cumulative doses for individuals as requested by the RSO.

E. Complete dosimetry reports shall be routinely provided to the RSO. A second copy of each report, with any specified omissions such as sex, social security number, and date of birth, shall be provided upon request and issued, if requested, for shipment directly to user groups.

F. The dosimetry reports shall include a separate fetal dose estimate for all identified pregnant personnel. (as requested)

G. The average shipping time of the completed exposure reports shall not exceed 30 calendar days after receipt of the exposed dosimetry devices by the vendor.

H. The vendor shall automatically provide printed copy wear period, annual summary, and annual statistical summary reports for each account. These summaries shall include a listing by user groups, of every person badged at any time during the year. Other information provided for each listing shall include, but not be limited to, the following: (a) Group or series number; (b) Badge number and type; (c ) Annual and lifetime dose; (d) Social security number;

(e) Date of birth; (f) Sex; (g) Deep dose and shallow dose for each monitoring period; (h) Extremity dose; (i) Internal dose reported by Radiation Safety Officer; (j) Total Effective Dose Equivalent; (k) Data on all currently issued devices regarding late returns, unreturned, and deleted devices. (l.) Webster calculations

I. The vendor shall provide individual termination summary reports for each individual removed from an account upon request.

B.3 PRICE/COST SCHEDULE | Personnel Dosimetry Monitoring Service Note: The Government shall order the below specified minimum contract value of services and shall order up to and including the below specified maximum contract value of services through task orders under this basic IDIQ contract for all ordering periods. The maximum amount under this contract is not guaranteed.

• IDIQ contract Minimum: $ 1,000.00 IDIQ contract Maximum: $20,000.00

ITEM

NO.

DESCRIPTION OF

SUPPLIES/SERVICES

EST.

QTY

UNIT UNIT

PRICE

TOTAL

AMOUNT

Year 1: 12-month Period of Performance

Begin: 05-01-2020 End: 04-30-2021

1001 LUXEL badges (Type P); estimation of 106 delivered monthly

1,272 EACH $ $

1002 Type U TLD ring; estimation of four

(4) delivered monthly

48 EACH $ $

1003 Department/Series-Single Site, estimation of six (6) delivered monthly

72 EACH $ $

1004 Lost/Damaged LUXEL Dosimeters 5 EACH $ $

1005 Lost/Damaged ring Dosimeter 5 EACH $ $

1006 Annual Statistical summary for Department

1 YEAR $ $

1007 Annual Statistical summary, per Personnel

106 EACH $ $

1008 Equivalent Form 5 Annual reporting January thru December form given to each personnel for their total radiation exposure, per calendar year

106 EACH $ $

Total for Year 1 Contract Value: $

PRICE/COST SCHEDULE | Personnel Dosimetry Monitoring Service

ITEM

NO.

DESCRIPTION OF

SUPPLIES/SERVICES

EST.

QTY

UNIT UNIT

PRICE

TOTAL

AMOUNT

Year 2: 12-month Period of Performance

Begin: 05-01-2021 End: 04-30-2022

2001 LUXEL badges (Type P); estimation of 106 delivered monthly

1,272 EACH $ $

2002 Type U TLD ring; estimation of four

(4) delivered monthly

48 EACH $ $

2003 Department/Series-Single Site, estimation of six (6) delivered monthly

72 EACH $ $

2004 Lost/Damaged LUXEL Dosimeters -as needed with estimated 5 per year. 5

EACH $ $

2005 Lost/Damaged ring Dosimeter- as needed with estimated 5 per year

5 EACH $ $

2006 Annual Statistical summary for Department

1 YEAR $ $

2007 Annual Statistical summary, per Personnel

106 EACH $ $

2008 Equivalent Form 5 Annual reporting January thru December form given to each personnel for their total radiation exposure, per calendar year

Total for Year 2 Contract Value: $

PRICE/COST SCHEDULE | Personnel Dosimetry Monitoring Service

ITEM

NO.

DESCRIPTION OF

SUPPLIES/SERVICES

EST.

QTY

UNIT UNIT

PRICE

TOTAL

AMOUNT

Year 3: 12-month Period of Performance

Begin: 05-01-2022 End: 04-30-2023

3001 LUXEL badges (Type P); estimation of 106 delivered monthly

1,272 EACH $ $

3002 Type U TLD ring; estimation of four

(4) delivered monthly

48 EACH $ $

3003 Department/Series-Single Site, estimation of six (6) delivered monthly

72 EACH $ $

3004 Lost/Damaged LUXEL Dosimeters

EACH $ $

3005 Lost/Damaged ring Dosimeter- as needed with estimated 5 per year

5 EACH $ $

3006 Annual Statistical summary for Department

1 YEAR $ $

3007 Annual Statistical summary, per Personnel

106 EACH $ $

3008 Equivalent Form 5 Annual reporting January thru December form given to each personnel for their total radiation exposure, per calendar year

Total for Year 3 Contract Value: $

PRICE/COST SCHEDULE | Personnel Dosimetry Monitoring Service

ITEM

NO.

DESCRIPTION OF

SUPPLIES/SERVICES

EST.

QTY

UNIT UNIT

PRICE

TOTAL

AMOUNT

Year 4: 12-month Period of Performance

Begin: 05-01-2023 End: 04-30-2024

4001 LUXEL badges (Type P); estimation of 106 delivered monthly

1,272 EAC

H

4002 Type U TLD ring; estimation of four

(4) delivered monthly

48 EAC

H

4003 Department/Series-Single Site, estimation of six (6) delivered monthly

72 EAC

H

4004 Lost/Damaged LUXEL Dosimeters

5 EAC

H

4005 Lost/Damaged ring Dosimeter 5 EAC H

4006 Annual Statistical summary, for Department

1 YEA

R

4007 Annual Statistical summary, per Personnel

106 EAC

H

4008 Equivalent Form 5 Annual reporting January thru December form given to each personnel for their total radiation exposure, per calendar year

106 EAC

H

Total for Year 4 Contract Value: $

PRICE/COST SCHEDULE | Personnel Dosimetry Monitoring Service

ITEM

NO.

DESCRIPTION OF

SUPPLIES/SERVICES

EST.

QTY

UNIT UNIT

PRICE

TOTAL

AMOUNT

Year 5: 12-month Period of Performance

Begin: 05-01-2024 End: 04-30-2025

5001 LUXEL badges (Type P); estimated at 1,272 annually

1,272 EACH $ $

5002 Type U TLD ring, estimated at 48 annually

48 EACH $ $

5003 Department/Series-Single Site, estimated at 72 annually

72 EACH $ $

5004 Lost/Damaged LUXEL Dosimeters -as needed with estimated 5 per year. 5 EACH $ $

5005 Lost/Damaged ring Dosimeter- as needed with estimated 5 per year 5 EACH $ $

5006 Annual Statistical summary for Department 1 YEAR $ $

5007 Annual Statistical summary, per Personnel 106 EACH $ $

5008 Equivalent Form 5 Annual reporting January thru December form given to each personnel for their total radiation exposure, per calendar year

106 EACH $ $

Total for Year 5 Contract Value: $

GRAND TOTAL

All Period of Performances

SECTION C - CONTRACT CLAUSES

C.1 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS (OCT 2018)

(a) Inspection/Acceptance. The Contractor shall only tender for acceptance those items that conform to the requirements of this contract. The Government reserves the right to inspect or test any supplies or services that have been tendered for acceptance. The Government may require repair or replacement of nonconforming supplies or reperformance of nonconforming services at no increase in contract price. If repair/replacement or reperformance will not correct the defects or is not possible, the Government may seek an equitable price reduction or adequate consideration for acceptance of nonconforming supplies or services. The Government must exercise its post-acceptance rights—

(1) Within a reasonable time after the defect was discovered or should have been discovered;

and

(2) Before any substantial change occurs in the condition of the item, unless the change is due to the defect in the item.

(b) Assignment. The Contractor or its assignee may assign its rights to receive payment due as a result of performance of this contract to a bank, trust company, or other financing institution, including any Federal lending agency in accordance with the Assignment of Claims Act (31 U.S.C. 3727). However, when a third party makes payment (e.g., use of the Governmentwide commercial purchase card), the Contractor may not assign its rights to receive payment under this contract.

(c) Changes. Changes in the terms and conditions of this contract may be made only by written agreement of the parties.

(d) Disputes. This contract is subject to 41 U.S.C. chapter 71, Contract Disputes. Failure of the parties to this contract to reach agreement on any request for equitable adjustment, claim, appeal or action arising under or relating to this contract shall be a dispute to be resolved in accordance with the clause at FAR 52.233-1, Disputes, which is incorporated herein by reference. The Contractor shall proceed diligently with performance of this contract, pending final resolution of any dispute arising under the contract.

(e) Definitions. The clause at FAR 52.202-1, Definitions, is incorporated herein by reference.

(f) Excusable delays. The Contractor shall be liable for default unless nonperformance is caused by an occurrence beyond the reasonable control of the Contractor and without its fault or negligence such as, acts of God or the public enemy, acts of the Government in either its sovereign or contractual capacity, fires, floods, epidemics, quarantine restrictions, strikes, unusually severe weather, and delays of common carriers. The Contractor shall notify the Contracting Officer in writing as soon as it is reasonably possible after the commencement of any excusable delay, setting forth the full particulars in connection therewith, shall remedy such occurrence with all reasonable dispatch, and shall promptly give written notice to the Contracting Officer of the cessation of such occurrence.

(g) Invoice.

(1) The Contractor shall submit an original invoice and three copies (or electronic invoice, if authorized) to the address designated in the contract to receive invoices. An invoice must include—

(i) Name and address of the Contractor;

(ii) Invoice date and number;

(iii) Contract number, line item number and, if applicable, the order number;

(iv) Description, quantity, unit of measure, unit price and extended price of the items delivered;

(v) Shipping number and date of shipment, including the bill of lading number and weight of shipment if shipped on Government bill of lading;

(vi) Terms of any discount for prompt payment offered;

(vii) Name and address of official to whom payment is to be sent;

(viii) Name, title, and phone number of person to notify in event of defective invoice; and

(ix) Taxpayer Identification Number (TIN). The Contractor shall include its TIN on the invoice only if required elsewhere in this contract.

(x) Electronic funds transfer (EFT) banking information.

(A) The Contractor shall include EFT banking information on the invoice only if required elsewhere in this contract.

(B) If EFT banking information is not required to be on the invoice, in order for the invoice to be a proper invoice, the Contractor shall have submitted correct EFT banking information in accordance with the applicable solicitation provision, contract clause (e.g., 52.232-33, Payment by Electronic Funds Transfer—System for Award Management, or 52.232-34, Payment by Electronic Funds Transfer—Other Than System for Award Management), or applicable agency procedures.

(C) EFT banking information is not required if the Government waived the requirement to pay by EFT.

(2) Invoices will be handled in accordance with the Prompt Payment Act (31 U.S.C. 3903) and Office of Management and Budget (OMB) prompt payment regulations at 5 CFR part 1315.

(h) Patent indemnity. The Contractor shall indemnify the Government and its officers, employees and agents against liability, including costs, for actual or alleged direct or contributory infringement of, or inducement to infringe, any United States or foreign patent, trademark or copyright, arising out of the performance of this contract, provided the Contractor is reasonably notified of such claims and proceedings.

(i) Payment.—

(1) Items accepted. Payment shall be made for items accepted by the Government that have been delivered to the delivery destinations set forth in this contract.

(2) Prompt payment. The Government will make payment in accordance with the Prompt Payment Act (31 U.S.C. 3903) and prompt payment regulations at 5 CFR part 1315.

(3) Electronic Funds Transfer (EFT). If the Government makes payment by EFT, see 52.212- 5(b) for the appropriate EFT clause.

(4) Discount. In connection with any discount offered for early payment, time shall be computed from the date of the invoice. For the purpose of computing the discount earned, payment shall be considered to have been made on the date which appears on the payment check or the specified payment date if an electronic funds transfer payment is made.

(5) Overpayments. If the Contractor becomes aware of a duplicate contract financing or invoice payment or that the Government has otherwise overpaid on a contract financing or invoice payment, the Contractor shall—

(i) Remit the overpayment amount to the payment office cited in the contract along with a description of the overpayment including the—

(A) Circumstances of the overpayment (e.g., duplicate payment, erroneous payment, liquidation errors, date(s) of overpayment);

(B) Affected contract number and delivery order number, if applicable;

(C) Affected line item or subline item, if applicable; and

(D) Contractor point of contact.

(ii) Provide a copy of the remittance and supporting documentation to the Contracting Officer.

(6) Interest.

(i) All amounts that become payable by the Contractor to the Government under this contract shall bear simple interest from the date due until paid unless paid within 30 days of becoming due. The interest rate shall be the interest rate established by the Secretary of the Treasury as provided in 41 U.S.C. 7109, which is applicable to the period in which the amount becomes due, as provided in (i)(6)(v) of this clause, and then at the rate applicable for each six-month period as fixed by the Secretary until the amount is paid.

(ii) The Government may issue a demand for payment to the Contractor upon finding a debt is due under the contract.

(iii) Final decisions. The Contracting Officer will issue a final decision as required by 33.211 if—

(A) The Contracting Officer and the Contractor are unable to reach agreement on the existence or amount of a debt within 30 days;

(B) The Contractor fails to liquidate a debt previously demanded by the Contracting Officer within the timeline specified in the demand for payment unless the amounts were not repaid because the Contractor has requested an installment payment agreement; or

(C) The Contractor requests a deferment of collection on a debt previously demanded by the Contracting Officer (see 32.607-2).

(iv) If a demand for payment was previously issued for the debt, the demand for payment included in the final decision shall identify the same due date as the original demand for payment.

(v) Amounts shall be due at the earliest of the following dates:

(A) The date fixed under this contract.

(B) The date of the first written demand for payment, including any demand for payment resulting from a default termination.

(vi) The interest charge shall be computed for the actual number of calendar days involved beginning on the due date and ending on—

(A) The date on which the designated office receives payment from the Contractor;

(B) The date of issuance of a Government check to the Contractor from which an amount otherwise payable has been withheld as a credit against the contract debt; or

(C) The date on which an amount withheld and applied to the contract debt would otherwise have become payable to the Contractor.

(vii) The interest charge made under this clause may be reduced under the procedures prescribed in 32.608-2 of the Federal Acquisition Regulation in effect on the date of this contract.

(j) Risk of loss. Unless the contract specifically provides otherwise, risk of loss or damage to the supplies provided under this contract shall remain with the Contractor until, and shall pass to the Government upon:

(1) Delivery of the supplies to a carrier, if transportation is f.o.b. origin; or

(2) Delivery of the supplies to the Government at the destination specified in the contract, if transportation is f.o.b. destination.

(k) Taxes. The contract price includes all applicable Federal, State, and local taxes and duties.

(l) Termination for the Government's convenience. The Government reserves the right to terminate this contract, or any part hereof, for its sole convenience. In the event of such termination, the Contractor shall immediately stop all work hereunder and shall immediately cause any and all of its suppliers and subcontractors to cease work. Subject to the terms of this contract, the Contractor shall be paid a percentage of the contract price reflecting the percentage of the work performed prior to the notice of termination, plus reasonable charges the Contractor can demonstrate to the satisfaction of the Government using its standard record keeping system, have resulted from the termination. The Contractor shall not be required to comply with the cost accounting standards or contract cost principles for this purpose. This paragraph does not give the Government any right to audit the Contractor's records. The Contractor shall not be paid for any work performed or costs incurred which reasonably could have been avoided.

(m) Termination for cause. The Government may terminate this contract, or any part hereof, for cause in the event of any default by the Contractor, or if the Contractor fails to comply with any contract terms and conditions, or fails to provide the Government, upon request, with adequate assurances of future performance. In the event of termination for cause, the Government shall not be liable to the Contractor for any amount for supplies or services not accepted, and the Contractor shall be liable to the Government for any and all rights and remedies provided by law. If it is determined that the Government improperly terminated this contract for default, such termination shall be deemed a termination for convenience.

(n) Title. Unless specified elsewhere in this contract, title to items furnished under this contract shall pass to the Government upon acceptance, regardless of when or where the Government takes physical possession.

(o) Warranty. The Contractor warrants and implies that the items delivered hereunder are merchantable and fit for use for the particular purpose described in this contract.

(p) Limitation of liability. Except as otherwise provided by an express warranty, the Contractor will not be liable to the Government for consequential damages resulting from any defect or deficiencies in accepted items.

(q) Other compliances. The Contractor shall comply with all applicable Federal, State and local laws, executive orders, rules and regulations applicable to its performance under this contract.

(r) Compliance with laws unique to Government contracts. The Contractor agrees to comply with 31 U.S.C. 1352 relating to limitations on the use of appropriated funds to influence certain Federal contracts; 18 U.S.C. 431 relating to officials not to benefit; 40 U.S.C. chapter 37, Contract Work Hours and Safety Standards; 41 U.S.C. chapter 87, Kickbacks; 41 U.S.C. 4712 and 10 U.S.C. 2409 relating to whistleblower protections; 49 U.S.C. 40118, Fly American; and 41 U.S.C. chapter 21 relating to procurement integrity.

(s) Order of precedence. Any inconsistencies in this solicitation or contract shall be resolved by giving precedence in the following order:

(1) The schedule of supplies/services.

(2) The Assignments, Disputes, Payments, Invoice, Other Compliances, Compliance with Laws Unique to Government Contracts, and Unauthorized Obligations paragraphs of this clause;

(3) The clause at 52.212-5.

(4) Addenda to this solicitation or contract, including any license agreements for computer software.

(5) Solicitation provisions if this is a solicitation.

(6) Other paragraphs of this clause.

(7) The Standard Form 1449.

(8) Other documents, exhibits, and attachments

(9) The specification.

(t) [Reserved]

(u) Unauthorized Obligations.

(1) Except as stated in paragraph (u)(2) of this clause, when any supply or service acquired under this contract is subject to any End User License Agreement (EULA), Terms of Service (TOS), or similar legal instrument or agreement, that includes any clause requiring the Government to indemnify the Contractor or any person or entity for damages, costs, fees, or any other loss or liability that would create an Anti-Deficiency Act violation (31 U.S.C. 1341), the following shall govern:

(i) Any such clause is unenforceable against the Government.

(ii) Neither the Government nor any Government authorized end user shall be deemed to have agreed to such clause by virtue of it appearing in the EULA, TOS, or similar legal instrument or agreement. If the EULA, TOS, or similar legal instrument or agreement is invoked through an “I agree” click box or other comparable mechanism (e.g., “click-wrap” or “browse-wrap” agreements), execution does not bind the Government or any Government authorized end user to such clause.

(iii) Any such clause is deemed to be stricken from the EULA, TOS, or similar legal instrument or agreement.

(2) Paragraph (u)(1) of this clause does not apply to indemnification by the Government that is expressly authorized by statute and specifically authorized under applicable agency regulations and procedures.

(v) Incorporation by reference. The Contractor’s representations and certifications, including those completed electronically via the System for Award Management (SAM), are incorporated by reference into the contract.

(End of Clause)

ADDENDUM to FAR 52.212-4 CONTRACT TERMS AND CONDITIONS—COMMERCIAL

ITEMS

Clauses that are incorporated by reference (by Citation Number, Title, and Date), have the same force and effect as if they were given in full text. Upon request, the Contracting Officer will make their full text available.

The following clauses are incorporated into 52.212-4 as an addendum to this contract:

C.2 52.216-18 ORDERING (OCT 1995)

(a) Any supplies and services to be furnished under this contract shall be ordered by issuance of delivery orders or task orders by the individuals or activities designated in the Schedule. Such orders may be issued from May 1, 2020 through April 30, 2025.

(b) All delivery orders or task orders are subject to the terms and conditions of this contract. In the event of conflict between a delivery order or task order and this contract, the contract shall control.

(c) If mailed, a delivery order or task order is considered "issued" when the Government deposits the order in the mail. Orders may be issued orally, by facsimile, or by electronic commerce methods only if authorized in the Schedule.

(End of Clause)

C.3 52.216-19 ORDER LIMITATIONS (OCT 1995)

(a) Minimum order. When the Government requires supplies or services covered by this contract in an amount of less than $1,000, the Government is not obligated to purchase, nor is the Contractor obligated to furnish, those supplies or services under the contract.

(b) Maximum order. The Contractor is not obligated to honor—

(1) Any order for a single item in excess of 2,500;

(2) Any order for a combination of items in excess of 15,000; or

(3) A series of orders from the same ordering office within 30 days that together call for quantities exceeding the limitation in paragraph (b)(1) or (2) of this section.

(c) If this is a requirements contract (i.e., includes the Requirements clause at subsection 52.216-21 of the Federal Acquisition Regulation (FAR)), the Government is not required to order a part of any one requirement from the Contractor if that requirement exceeds the maximum-order limitations in paragraph (b) of this section.

(d) Notwithstanding paragraphs (b) and (c) of this section, the Contractor shall honor any order exceeding the maximum order limitations in paragraph (b), unless that order (or orders) is returned to the ordering office within 30 days after issuance, with written notice stating the Contractor's intent not to ship the item (or items) called for and the reasons. Upon receiving this notice, the Government may acquire the supplies or services from another source.

(End of Clause)

C.4 52.216-22 INDEFINITE QUANTITY (OCT 1995)

(a) This is an indefinite-quantity contract for the supplies or services specified, and effective for the period stated, in the Schedule. The quantities of supplies and services specified in the Schedule are estimates only and are not purchased by this contract.

(b) Delivery or performance shall be made only as authorized by orders issued in accordance with the Ordering clause. The Contractor shall furnish to the Government, when and if ordered, the supplies or services specified in the Schedule up to and including the quantity designated in the Schedule as the "maximum." The Government shall order at least the quantity of supplies or services designated in the Schedule as the "minimum."

(c) Except for any limitations on quantities in the Order Limitations clause or in the Schedule, there is no limit on the number of orders that may be issued. The Government may issue orders requiring delivery to multiple destinations or performance at multiple locations.

(d) Any order issued during the effective period of this contract and not completed within that period shall be completed by the Contractor within the time specified in the order. The contract shall govern the Contractor's and Government's rights and obligations with respect to that order to the same extent as if the order were completed during the contract's effective period;

provided, that the Contractor shall not be required to make any deliveries under this contract after October 30, 2025.

(End of Clause)

C.5 52.217-8 OPTION TO EXTEND SERVICES (NOV 1999)

The Government may require continued performance of any services within the limits and at the rates specified in the contract. These rates may be adjusted only as a result of revisions to prevailing labor rates provided by the Secretary of Labor. The option provision may be exercised more than once, but the total extension of performance hereunder shall not exceed 6 months. The Contracting Officer may exercise the option by written notice to the Contractor within 15 day from contract expiration.

(End of Clause)

C.6 52.232-19 AVAILABILITY OF FUNDS FOR THE NEXT FISCAL YEAR

(APR 1984)

Funds are not presently available for performance under this contract beyond April 30, 2021.

The Government's obligation for performance of this contract beyond that date is contingent upon the availability of appropriated funds from which payment for contract purposes can be made. No legal liability on the part of the Government for any payment may arise for performance under this contract beyond April 30, 2021, until funds are made available to the Contracting Officer for performance and until the Contractor receives notice of availability, to be confirmed in writing by the Contracting Officer.

(End of Clause)

C.7 VAAR 852.219-10 VA NOTICE OF TOTAL SERVICE-DISABLED

VETERAN-OWNED SMALL BUSINESS SET-ASIDE (JUL 2019) (DEVIATION)

(a) Definition. For the Department of Veterans Affairs, “Service-disabled veteran owned small business concern or SDVOSB”:

(1) Means a small business concern:

(i) Not less than 51 percent of which is owned by one or more service-disabled veterans or, in the case of any publicly owned business, not less than 51 percent of the stock of which is owned by one or more service-disabled Veterans or eligible surviving spouses (see VAAR 802.101, Surviving Spouse definition);

(ii) The management and daily business operations of which are controlled by one or more service-disabled Veterans (or eligible surviving spouses) or, in the case of a service-disabled Veteran with permanent and severe disability, the spouse or permanent caregiver of such Veteran;

(iii) The business meets Federal small business size standards for the applicable North American Industry Classification System (NAICS) code identified in the solicitation document;

(iv) The business has been verified for ownership and control pursuant to 38 CFR part 74 and is so listed in the Vendor Information Pages (VIP) database (https://www.vip.vetbiz.va.gov);

and

(v) The business will comply with VAAR subpart 819.70 and Small Business Administration (SBA) regulations regarding small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting requirements in 13 CFR 121.406 and 125.6, provided that any reference therein to a service-disabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB. The nonmanufacturer rule and the limitations on subcontracting apply to all SDVOSB and VOSB set-asides and sole source contracts.

(2) “Service-disabled Veteran” means a Veteran, as defined in 38 U.S.C. 101(2), with a disability that is service-connected, as defined in 38 U.S.C. 101(16).

(b) General.

(1) Offers are solicited only from eligible service-disabled veteran-owned small business concerns. Only VIP-listed service-disabled veteran-owned small business concerns (SDVOSBs) may submit offers in response to this solicitation. Offers received from concerns that are not VIP-listed service-disabled veteran-owned small business concerns shall not be considered.

(2) Any award resulting from this solicitation shall be made to a VIP-listed service-disabled veteran-owned small business concern that meets the size standard for the applicable NAICS code.

(c) Representation. By submitting an offer, the prospective contractor represents that it is an eligible SDVOSB as defined in this clause, 38 CFR part 74, and VAAR subpart 819.70.

Pursuant to 38 U.S.C. 8127(e), only VIP-listed SDVOSBs are considered eligible. Therefore, any reference in 13 CFR part 121 and 125 to a servicedisabled veteran-owned small business concern (SDVO SBC), is to be construed to apply to a VA verified and VIP-listed SDVOSB and only such concern(s) qualify as similarly situated. The offeror must also be eligible at the time of award.

(d) Agreement. Agreement. When awarded a contract (see FAR 2.101, Definitions), including orders under multiple-award contracts, or a subcontract, an SDVOSB agrees that in the performance of the contract, the SDVOSB shall comply with requirements in VAAR subpart

819.70 and SBA regulations on small business size and government contracting programs at 13 CFR part 121 and 125, including the nonmanufacturer rule and limitations on subcontracting https://vaww.aams.ecms.va.gov/AAMS_Production/DAV/pvcvyybjynz9kpyy/(https:/www.vip.vetbiz.va.gov) requirements in 13 CFR part 121.406 and 125.6, provided that for purposes of the limitations on subcontracting, only VIP-listed SDVOSBs shall be considered eligible and/or “similarly situated” (i.e., a firm that has the same small business program status as the prime contractor). An independent contractor shall be considered a subcontractor. An otherwise eligible firm further agrees to the following:

(1) Services. In the case of a contract for services (except construction), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(2) Supplies or products.

(i) In the case of a contract for supplies or products (other than from a nonmanufacturer of such supplies), it will not pay more than 50% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(ii) In the case of a contract for supplies from a nonmanufacturer, it will supply the product of a domestic small business manufacturer or processor, unless a waiver as described in 13 CFR 121.406(b)(5) is granted.

(3) General construction. In the case of a contract for general construction, it will not pay more than 85% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(4) Special trade contractors. In the case of a contract for special trade contractors, it will not pay more than 75% of the amount paid by the government to it to firms that are not VIP-listed SDVOSBs.

(5) Subcontracting. Any work that a VIP-listed SDVOSB subcontractor further subcontracts will count towards the percent of subcontract amount that cannot be exceeded. For supply or construction contracts, cost of materials is excluded and not considered to be subcontracted.

For mixed contracts and additional limitations, refer to 13 CFR 125.6.

(e) Joint ventures. A joint venture may be considered an SDVOSB if the joint venture is listed in VIP and complies with the requirements in 13 CFR 125.18(b), provided that any reference therein to service-disabled veteran-owned small business concern or SDVO SBC, is to be construed to mean a VIP-listed SDVOSB. A joint venture agrees that, in the performance of the contract, the applicable percentage specified in paragraph (d) of this clause will be performed by the aggregate of the joint venture participants.

(f) Precedence. For any inconsistencies between the requirements of the SBA program for service-disabled veteran-owned small business concerns and the VA Veterans First Contracting Program, as defined in VAAR subpart 819.70 and this clause, the VA Veterans First Contracting Program requirements have precedence.

(End of Clause)

C.8…